PPE obligations: when must an employer supply it, and can they charge for it?

When must an employer supply PPE in Victoria?

An employer must provide personal protective equipment (PPE) whenever a workplace hazard can't be eliminated or sufficiently reduced by higher-order controls — things like removing the hazard, substituting a safer process, isolating the risk, or using engineering controls (vic.gov.au, Personal protective equipment (PPE)). PPE sits at the bottom of the hierarchy of control for a reason: it protects the person, not the workplace, so it's meant to be the last line of defence, not the first.

Why is PPE last on the list, not first?

Under the OHS Act 2004 (Vic), an employer must, so far as reasonably practicable, provide and maintain a working environment that is safe and without risks to health (OHS Act 2004 (Vic), s21). The OHS Regulations 2017 (Vic) translate that duty into a specific sequence for many hazard types. Take hazardous substances as an example: an employer must first try to eliminate the risk; if that's not reasonably practicable, they must try substitution, isolation or engineering controls; if a risk still remains, administrative controls; and only if a risk remains after all of that must they provide appropriate PPE (OHS Regulations 2017 (Vic), reg 163). Similar hierarchy-based control sequences appear throughout the Regulations for other hazards, including plant, noise and manual handling.

The practical implication for a manufacturer: if you've reached for earmuffs or a respirator without first genuinely assessing whether you could isolate the noise source or improve extraction, you've likely skipped steps a regulator would expect to see addressed.

Can an employer charge employees for PPE?

The Victorian framework places the obligation to provide PPE squarely on the employer — not to make it available for purchase, but to supply it as part of meeting their safety duty. That obligation flows from the general duty in section 21 of the OHS Act 2004 (Vic) to provide a safe working environment and safe systems of work, which specific PPE requirements in the OHS Regulations 2017 (Vic) are designed to give effect to.

In practice, this means PPE genuinely required to control a workplace risk — safety boots for a factory floor, hearing protection in a high-noise area, respiratory protection where dust or fumes can't be otherwise controlled — should be treated as a cost of doing business, not a cost passed on to the worker. If you're ever unsure whether a specific item falls into that category, that's a conversation worth having with your safety adviser or WorkSafe Victoria directly rather than guessing.

What counts as PPE?

Common categories include:

• Overalls and protective aprons
• Protective headgear — hard hats, or wide-brimmed hats for sun protection
• Safety boots or shoes
• Safety glasses or goggles
• Gloves
• Respirators and masks
• Earmuffs and earplugs

(vic.gov.au, Personal protective equipment (PPE))

What do employees have to do once PPE is provided?

Employees must be instructed in how to use the PPE and clothing their employer provides, and told why it's needed for the specific job before they start it. Once instructed, employees are expected to use the PPE as directed. Employers also need to make sure PPE meets the relevant Australian Standard, is stored clean and in working condition, is easy to find when needed, and is protected from damage or interference — and any damaged or defective PPE should be tagged out or replaced immediately, not left in circulation (vic.gov.au, Personal protective equipment (PPE)).

Common PPE mistakes I see in manufacturing settings

• Treating PPE as the whole safety plan. A cabinet full of the right gear doesn't fix a hazard that could have been engineered out.
• One-size-fits-all issue. PPE that doesn't fit properly — gloves too big, harnesses wrong for body type — often gets modified or removed by the worker, which defeats the purpose entirely.
• No real instruction on the "why." Workers who understand why a control exists are far more likely to actually use it correctly and consistently.
• Damaged gear staying in service. A respirator with a perished seal or safety glasses scratched past usefulness are effectively no PPE at all.

Getting the hierarchy of control right — not just buying PPE and calling it done — is exactly the kind of thing that shows up (or doesn't) in a proper site assessment. If you want a practitioner to walk your floor and check where PPE is genuinely the last resort rather than the first response, you can book a site assessment.

FAQ

Can my employer make me pay for safety boots or a hi-vis shirt? Where PPE is genuinely required to control a workplace hazard, the obligation under Victorian OHS law sits with the employer to provide it as part of a safe system of work — it isn't framed as something employees are expected to purchase themselves. If you're unsure about a specific item, WorkSafe Victoria is the right place to check.

Does providing PPE mean an employer has met all its safety obligations? No. PPE is the last control in the hierarchy, used when a hazard can't be eliminated or sufficiently reduced by higher-order controls like elimination, substitution, isolation, engineering or administrative measures. Relying on PPE alone, without considering those higher-order controls first, generally won't meet the "so far as reasonably practicable" standard under the OHS Act 2004 (Vic).

What if an employee refuses to wear PPE they've been properly instructed to use? Once an employer has provided appropriate PPE and properly instructed an employee in its use and purpose, the employee is expected to use it as instructed. Ongoing refusal is a workplace management issue as well as a safety one, and it's worth documenting the instruction given and the response, since that record matters if the issue escalates.

This article is general information for Victorian manufacturers, not legal advice. Last updated: 10 August 2026.